Van Santwood v. Sandford
New York Supreme Court
THIS was an action of covenant. The declaration contain. ed four counts. The fourth count, that certain differences haw ihg arisen between the plaintiffs and one Isaac Newton,, they, , , , , on the 22d of March, 1814, entered into articles of agreement, in the words following; (setting forth the agreement to submit to arbitration verbatim)—“ And hereupon the said defendant, on .the 24th day of March, in the year dforesaid, entered into a guaranty, covenant, and agreement, in…
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THIS was an action of covenant. The declaration contain. ed four counts. The fourth count, that certain differences haw ihg arisen between the plaintiffs and one Isaac Newton,, they, , , , , on the 22d of March, 1814, entered into articles of agreement, in the words following; (setting forth the agreement to submit to arbitration verbatim)—“ And hereupon the said defendant, on .the 24th day of March, in the year dforesaid, entered into a guaranty, covenant, and agreement, in the words and figures following, to wit: (setting forth the agreement of the defendant verbatim:) and which concluded…
1Opinion of the CourtSpencer, J.
The demurrer to the fourth count is well taken; the action is covenant, and it cannot be maintained but on a deed. The only averment or allegation of a deed is, “ and hereupon the defendant, on the 24th day of March, in the year aforesaid, entered into a guaranty, covenant, and agreement, in the words and figures followingthen the agreement is set out in hcec verba, with a ¡conclusion, that it was signed and sealed with the name of the *198defendant, and the locus sigilli, purporting to be a literal oyer of the agreement.
jj. must appear that the contract was under seal, and the law will not…
2Cited by9 opinions
- Le Roy v. BeardSupreme Court of the United States · 1850
- Ex Parte JonesCourt of Criminal Appeals of Oklahoma · 1923
- Stanton v. CampNew York Supreme Court · 1848
- Paige v. PeopleNew York Court of Appeals · 1868
- Holmes v. Northern Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
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